Health and Safety Code § 11357 HS prohibits the “unlawful” possession of marijuana in California. That said, adults ages 21 and over are allowed to possess up to 28.5 grams of dried marijuana or up to 8 grams of concentrated cannabis (hashish).
However, it is a criminal offense:
- to possess more than these quantities, or
- for a minor under 21 to possess any amount of marijuana, or
- to possess marijuana at a K-12 school.
The full language of the statute 11357 HS states that:
(a) Except as authorized by law, possession of not more than 28.5 grams of cannabis, or not more than eight grams of concentrated cannabis, or both, shall be punished or adjudicated as follows:
(1) Persons under 18 years of age are guilty of an infraction and shall be required to:
(A) Upon a finding that a first offense has been committed, complete four hours of drug education or counseling and up to 10 hours of community service over a period not to exceed 60 days.
(B) Upon a finding that a second offense or subsequent offense has been committed, complete six hours of drug education or counseling and up to 20 hours of community service over a period not to exceed 90 days.
(2) Persons at least 18 years of age but less than 21 years of age are guilty of an infraction and punishable by a fine of not more than one hundred dollars ($100).
(b) Except as authorized by law, possession of more than 28.5 grams of cannabis, or more than eight grams of concentrated cannabis, shall be punished as follows:
(1) Persons under 18 years of age who possess more than 28.5 grams of cannabis or more than eight grams of concentrated cannabis, or both, are guilty of an infraction and shall be required to:
(A) Upon a finding that a first offense has been committed, complete eight hours of drug education or counseling and up to 40 hours of community service over a period not to exceed 90 days.
(B) Upon a finding that a second or subsequent offense has been committed, complete 10 hours of drug education or counseling and up to 60 hours of community service over a period not to exceed 120 days.
(2) Persons 18 years of age or older who possess more than 28.5 grams of cannabis, or more than eight grams of concentrated cannabis, or both, shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.
(c) Except as authorized by law, a person 18 years of age or older who possesses not more than 28.5 grams of cannabis, or not more than eight grams of concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 to 12, inclusive, during hours the school is open for classes or school-related programs is guilty of a misdemeanor and shall be punished as follows:
(1) A fine of not more than two hundred fifty dollars ($250), upon a finding that a first offense has been committed.
(2) A fine of not more than five hundred dollars ($500), or by imprisonment in a county jail for a period of not more than 10 days, or both, upon a finding that a second or subsequent offense has been committed.
(d) Except as authorized by law, a person under 18 years of age who possesses not more than 28.5 grams of cannabis, or not more than eight grams of concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 to 12, inclusive, during hours the school is open for classes or school-related programs is guilty of an infraction and shall be punished in the same manner provided in paragraph (1) of subdivision (b).
HS 11357 regulations surrounding possession of marijuana
Marijuana legalization in California does not mean that you can never be penalized under state law for possessing marijuana or concentrated cannabis. Health and Safety Code 11357 HS, California’s marijuana possession law, does still make it a crime to:
- Possess more than 28.5 grams (approximately one ounce) of marijuana or more than eight grams of concentrated cannabis;
- Possess marijuana or concentrated cannabis if you are under 21 years of age, except in accordance with California’s medical marijuana laws; or
- Possess marijuana on the grounds of a K-12 school while the school is in session.
The following table summarizes the current laws and penalties regarding marijuana possession in California:
| HS 11357 marijuana possession offense | Type of offense | Penalty |
| Possession of marijuana or concentrated cannabis by people under 21 – HS 11357 (a)(1) & (a)(2) | Infraction | Drug counseling and community service (defendants under 18); fine of up to $100 (defendants 18 and over) |
| Possession of more than 28.5 grams of marijuana or more than 8 grams of concentrated cannabis (defendants 18 and over) – HS 11357 (b)(2) | Misdemeanor | Up to 6 months in county jail; up to $500 fine |
| Possession of more than 28.5 grams of marijuana or more than 8 grams of concentrated cannabis (defendants under 18) – HS 11357 (b)(1) | Infraction | Drug counseling and community service |
| Possession of marijuana or concentrated cannabis on the grounds of a K-12 school (defendants 18 and over) – HS 11357 (c) | Misdemeanor | Up to $250 fine for first offense |
| Possession of marijuana or concentrated cannabis on the grounds of a K-12 school (defendants under 18) – HS 11357 (d) | Infraction | Drug counseling and community service |
If you are charged with a marijuana possession crime under California Health and Safety Code 11357 HS, there are legal defenses that can help you fight the charges. Some of the most common are:
- You didn’t possess any marijuana.
- The weed wasn’t yours.
- You didn’t know the pot was there.
- The marijuana was discovered during an illegal search.
Our California marijuana attorneys can help
Did the police charge you with a possession of marijuana offense? You came to the right place for help and for answers.
In this article, our California marijuana attorneys1 provided detailed answers to the most frequently asked questions about Health and Safety Code 11357 HS, California’s marijuana laws for possession:
If, after reading this article, you would like more information about California marijuana laws, we invite you to contact us at Shouse Law Group.
1. Penalties for Marijuana Possession
The 2016 voter initiative Proposition 64 made it legal for adults over 21 to possess small amounts of marijuana for personal, recreational use.2
However, Proposition 64 does not mean that no one will face criminal charges or fines for simple marijuana possession. The following are still prohibited by HS 11357:
Possession of more than an ounce of marijuana
Possession of more than 28.5 grams of marijuana (slightly over one ounce) or more than eight (8) grams of concentrated cannabis (hashish) is prohibited under HS 11357 subsection (b).3
Simple possession of excessive amounts of marijuana is a California misdemeanor for adult defendants. The potential penalties are:
- Six (6) months in county jail, and/or
- A fine of up to five hundred dollars ($500).4
However, defendants under the age of eighteen (18) who possess more than:
- 28.5 grams of marijuana, or
- eight grams of concentrated cannabis
will only be charged with a California infraction and required to attend drug counseling and/or perform community service.5
Possession of marijuana or concentrated cannabis by a minor
It is also illegal under HS 11357 subsections (a) and (b) for people under the age of twenty-one (21) to possess any amount of marijuana or concentrated cannabis other than in accordance with California’s medical marijuana laws.6
Under Proposition 64, the penalties for people under 21 who possess marijuana or hashish are:
- A fine of up to one hundred dollars ($100), for people 18 and over;
- For first offenders who are under 18, four (4) hours of drug education or counseling and up to ten (10) hours of community service; and
- For offenders who are under 18 with a prior conviction, six (6) hours of drug education or counseling and up to twenty (20) hours of community service.7
Possession of marijuana on the grounds of a school
The last form of marijuana possession that remains prohibited even after the passage of Proposition 64 is possession of marijuana or concentrated cannabis is on the grounds of or inside a K-12 school while the school is open during:
- school hours or
- after-school programs.
This is addressed in Health & Safety Code 11357 subsection (c) HS.
Pot possession at a school is a misdemeanor for adults. The penalty for a first offense is a fine of up to two hundred fifty dollars ($250). For minors under 18, marijuana possession on school grounds is an infraction punishable by:
- community service and
- drug treatment.
Related offenses
In addition, it is important to remember that Prop 64 did not mean the end of all prosecutions for marijuana-related offenses in California.
Possession and use of marijuana are now legal, and so is the sale of marijuana–but only by businesses licensed by state and local governments. Any participation in a “black market” for unregulated marijuana could lead to charges for:
- Health and Safety Code 11359 HS California’s law against possessing marijuana for sale,
- Health and Safety Code 11358 HS California’s law against cultivating marijuana, or
- Health and Safety Code 11360 HS California’s law against selling or transporting marijuana.
Additionally, possession of marijuana is still a crime under federal law despite President Biden pardoning all marijuana possession convictions.
While federal prosecutors in California have not indicated any intention of going after people who possess marijuana within state legal limits, prosecution is still a risk for people who violate other federal laws, including transportation of marijuana across state lines.
Note that the L.A. County D.A.’s office generally does not prosecute HS 11357 cases.8
Oftentimes, marijuana-related offenses, and for that matter, most California drug crimes, trigger illegal search and seizure issues.
2. Fighting The Case
According to marijuana crimes lawyer Neil Shouse9:
“Prop 64 does not mean that no one will be charged with marijuana possession crimes in California going forward. In fact, there is a chance that the passage of Proposition 64 will lead to police and district attorneys to work especially hard to prosecute violations of HS 11357. People who possess more than an ounce of pot, and minors who possess any cannabis products, will still have to worry about the hassles and consequences of a marijuana possession charge.”
Common legal defenses to charges of illegal marijuana possession in California include:
You didn’t possess the marijuana
If you did not possess marijuana, you are not guilty of this crime. This might be the case if, for example, law enforcement mistook someone else’s pot for your own.
Clearly, this defense works best when you are not in physical control of the drug. But even then, you could still potentially claim
- the marijuana belonged to a friend whose clothes, bag, etc. you were borrowing, or
- someone slipped the pot into your pocket, etc. to avoid his/her own criminal liability.10
You didn’t know you possessed the marijuana
Similar to the above, even if you did physically possess a bag of marijuana – but were not aware you were doing so – you have not violated the law.
Possession of marijuana is not enough by itself to sustain a conviction. If the prosecutor cannot additionally prove that you knew you possessed the drug, then you are entitled to an acquittal.
Referring back to an earlier example, if a friend leaves his pot in your car without your knowledge, you are not guilty of this offense.11
The marijuana was discovered during an illegal search and seizure
Oftentimes, marijuana-related offenses – and for that matter, most California drug crimes – trigger illegal search and seizure issues. For example, police routinely violate California’s search and seizure laws when they seize drugs by
- executing a search without a valid California search warrant,
- searching a location that is beyond the scope of a valid warrant, and/or
- initiating an illegal stop.
When any of these issues arise, your California marijuana attorney will likely file a Penal Code 1538.5 PC motion to suppress evidence which, if successful, could result in:
- a dismissal or
- a significant reduction of your charge(s).
Additional reading
For more information, see our related articles on:
- Driving under the influence of marijuana (VC 23152(f)) – DUI of pot is punished the same as DUI of alcohol in California.
- Possession with intent to sell marijuana (HS 11359) – This crime is a misdemeanor for most defendants.
- Drug paraphernalia (HS 11364) – Possessing drug paraphernalia such as heroin needles is a misdemeanor.
- Possession of an open container of marijuana while driving a motor vehicle (VC 23222) – This offense is an infraction and therefore not a crime.
- Medical marijuana laws – Information about caregivers, marijuana dispensaries, and The Compassionate Use Act.
Legal References:
- Our California marijuana attorneys have local Los Angeles law offices in Beverly Hills, Burbank, Glendale, Lancaster, Long Beach, Los Angeles, Pasadena, Pomona, Torrance, Van Nuys, West Covina, and Whittier. We have additional law offices conveniently located throughout the state in Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.
- Health and Safety Code section 11357 HS California’s law on possession of marijuana for personal use [as amended by Proposition 64]. Note that marijuana remains illegal under the federal Controlled Substances Act.
- Same. CALCRIM 2375. See also: People v. Mower (2002) 28 Cal.4th 457; People v. Jackson (2012) 210 Cal.App.4th 525; People v. Palaschak (1995) 9 Cal.4th 1236; People v. Rubacalba (1993) 6 Cal.4th 62; People v. Piper (1971) 19 Cal.App.3d 248.
- Same.
- Same.
- Same.
- Same.
- Same; CALCRIM 2376. In re Harris (1993) 5 Cal.4th 813. LADA Special Directive 20-07. Ken Liptak, Biden pardons all federal offenses of simple marijuana possession in first major steps toward decriminalization, CNN (October 6, 2022).
- Marijuana crimes lawyer Neil Shouse earned his J.D. from Harvard Law School.
- People v. Barnes (1997) 57 Cal.App.4th 552.
- People v. Romero (1997) 55 Cal.App.4th 147. People v. Winston (1956) 46 Cal.2d 151. See also (re. medical use defense): People v. Frazier (2005) 128 Cal.App.4th 807; People v. Trippet (1997) 56 Cal.App.4th 1532; People v. Mentch (2008) 45 Cal.4th 274; People v. Busch (2010) 187 Cal.App.4th 150; People v. Frazier (2005) 128 Cal.App.4th 807.